The case was filed by Smith LC on behalf of a land developer who had previously been sued for alleged damage to a neighboring property during construction. A jury found in favor of Smith LC’s client in the underlying action, finding that the damage had not been caused by Smith LC’s client. Following the favorable jury verdict, Smith LC filed a malicious prosecution action on behalf of the client against the unsuccessful landowner for damages sustained in defending the previous action. The unsuccessful landowner filed an anti-SLAPP motion in response to the complaint, which the trial court denied. The trial court held that Smith LC’s client had established the requisite probability of prevailing on the merits in ruling on the motion. The Court of Appeals, in a 17 page written opinion, affirmed the trial court’s ruling in favor of Smith LC’s client.

This is the second time that Mr. Smith and Mr. Kearney have prevailed on appeal of a ruling on an anti-SLAPP motion.